290
Stevens, J., dissenting
cause it "requires both counsel and the court to find the appeal to be lacking in arguable issues." Ante, at 280. But in defense of its position in Anders, California relied heavily on those very same requirements, i. e., "the additional feature of the [State's] system where the court also reads the full record." Brief for Respondent in Anders v. California, O. T. 1966, No. 98, pp. 30-31; see also id., at 12-13, 19, 23, 28-29. Our Anders decision held, however, that this "additional feature" was insufficient to safeguard the indigent appellant's rights.
To make my second point I shall draw on my own experience as a practicing lawyer and as a judge. On a good many occasions I have found that the task of writing out the reasons that support an initial opinion on a question of law— whether for the purpose of giving advice to my client or for the purpose of explaining my vote as an appellate judge— leads to a conclusion that was not previously apparent. Colleagues who shared that view of the importance of giving reasons, as opposed to merely announcing conclusions, joined the opinions that I authored in McCoy, Penson, and Nickols v. Gagnon, 454 F. 2d 467 (CA7 1971).1 In its casual rejection of the reasoning in McCoy, the Court simply ignores this portion of the opinion:
"Wisconsin's Rule merely requires that the attorney go one step further. Instead of relying on an unexplained assumption that the attorney has discovered law or facts that completely refute the arguments identified in the
1 "The danger that a busy or inexperienced lawyer might opt in favor of a one sentence letter instead of an effective brief in an individual marginal case is real, notwithstanding the dedication that typifies the profession. If, however, counsel's ultimate evaluation of the case must be supported by a written opinion 'referring to anything in the record that might arguably support the appeal,' the temptation to discharge an obligation in summary fashion is avoided, and the reviewing court is provided with meaningful assistance." Nickols, 454 F. 2d, at 470 (citation and footnotes omitted) (quoting Anders v. California, 386 U. S. 738, 744 (1967)).
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